Document Content

DECREE No

DECREE No. 54/2003/ND-CP OF MAY 19, 2003 DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing the list of the Government’s ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Science and Technology and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Science and Technology is a governmental agency which performs the function of State management over scientific and technological activities, as well as development of scientific and technological potentiality; product quality measurement standards, intellectual property, atomic energy as well as radiation and nuclear safety; performs the State management over public services in the domains under its management; acts as representative of the owner of State capital portions at State-invested enterprises under its management according to law provisions.

Article 2.- Tasks and powers

The Ministry of Science and Technology shall have to perform the tasks and exercise the powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To elaborate and submit to the Government and the Prime Minister bills, draft ordinances and other draft legal documents, strategies, development plannings as well as long-term, five-year and annual plans regarding the domains under the Ministry’s State management;

2. To promulgate according to its competence decisions, directives, circulars and other documents within the Ministry’s State management scope;

3. To direct, guide, inspect and take responsibility to organize, the implementation of legal documents, strategies, plannings and plans within the Ministry’s management domains after they are approved as well as other legal documents within the Ministry’s management scope; to propagate, educate and disseminate legal documents on the domains under the Ministry’s State management;

4. Regarding scientific and technological activities:

a/ To elaborate and submit to the Government and the Prime Minister schemes on orientations for scientific research and technological development, technological transfer, development of scientific and technological market, promotion of the formation of economic and technical branches and domains on the basis of new technologies and high technologies;

b/ To assume the prime responsibility and coordinate with the ministries, branches and localities in elaborating and submitting to the Government a scheme on planning of the nationwide network of scientific research and technological development organizations. To elaborate and submit to the Prime Minister the conditions for setting up, and mechanism for operation of, scientific and technological enterprises according to law provisions, mechanism for scientific and technological development investment, measures to implement the policy of socialization of scientific and technological activities, the State’s key scientific and technological tasks, as well as use and development of scientific and technological personnel;

c/ To coordinate with the Ministry of Finance and the Ministry of Planning and Investment in elaborating and submitting to the Government annual budget estimates for the scientific and technological sector in compatibility with socio-economic development as well as scientific and technological activities’ particularities according to the provisions of the State Budget Law;

d/ To prescribe the evaluation, pre-acceptance test, application and announcement of scientific research and technological development results;

e/ To specify conditions for setting up scientific and technological research and development as well as service organizations of different types. To uniformly manage the registration of operations of scientific and technological research and development as well as service organizations according to law provisions;

f/ To direct and guide the operation of the national scientific and technological development funds according to the Government’s regulations;

g/ To organize the State evaluation and expertise of technologies of Group-A investment projects and socio-economic development programs; to uniformly manage evaluation, appraisal, expertise, consultancy and technology transfer activities;

h/ To direct and organize the implementation of the work of statistics as well as scientific and technological information;

i/ To act as the standing body of the National Council for Scientific and Technological Policies and the Council for Ho Chi Minh Award and State Award on Sciences and Technologies.

5. Regarding standardization, measurement and product quality control:

a/ To perform the uniform State management over the system of Vietnamese standards according to law provisions; to guide the application of international standards and foreign standards in Vietnam;

b/ To perform the uniform State management over the system of measuring standards, certify standard models, prescribe measurements and measuring methods, and approve measuring devices’ models; to organize the expertise of measuring devices, recognize expertising capability and authorize State expertise;

c/ To perform the uniform State management over product quality, prescribe principles, conditions and criteria of the quality-recognizing and –certifying organizations; to organize the quality recognition and certification; to assume the prime responsibility for and coordinate with the concerned ministries and branches in signing and implementing international agreements and treaties on mutual recognition in activities of product quality recognition and certification;

6. Regarding intellectual property (excluding copyrights over literature, arts and goods labels):

a/ To organize the establishment of intellectual property right;

b/ To apply measures to protect the legitimate interests of the State as well as organizations and individuals in the field of intellectual property;

c/ To prescribe and direct operation of the system of organizations managing the intellectual-property activities; to provide direction on intellectual property operations for branches, localities, enterprises and establishments;

7. Regarding atomic energy as well as radiation and nuclear safety:

a/ To perform the tasks of researching into atomic energy and nuclear technologies;

b/ To direct, inspect and organize the declaration, registration and granting of permits on nuclear safety and radiation safety;

c/ To uniformly manage radioactive waste and radioactive environment geodesy; to control and handle radioactive incidents;

8. To manage and organize the implementation of investment projects under the Ministry according to the provisions of the legislation on investment and construction;

9. To guide and inspect the implementation of undertakings, policies and law provisions as well as the profession and operations in the domains under the Ministry’s State management by ministries, ministerial-level agencies, agencies attached to the Government and local People’s Committees;

10. To enter into international cooperation in the domains under the Ministry’s State management according to law provisions;

11. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances at units under the Ministry’s management;

12. To elaborate and submit to the Government for promulgation mechanisms and policies to encourage the development of public services within the domains under the Ministry’s State management; to decide on specific undertakings and measures and direct the implementation of the mechanisms for operation of public-service organizations according to law provisions; to manage and direct the operation of non-business and public-service organizations under the Ministry;

13. To perform specific tasks and exercise specific powers regarding the representative of the owner of State capital portions at State-invested enterprises under the Ministry’s management according to law provisions;

14. To perform the State management over activities of associations and non-governmental organizations in the domains under the Ministry’s State management according to law provisions;

15. To inspect, examine, settle complaints and denunciations, combat corruption and negative phenomena, and handle law violations in the domains under the Ministry’s State management;

16. To decide on, and direct the implementation of, the Ministry’s administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

17. To manage its organizational apparatus and payroll, direct the implementation of wage regime as well as preferential treatment, commendation and discipline regimes and policies for State officials, public servants and employees under the Ministry’s management; to elaborate and prescribe professional criteria, provide professional training and fostering for officials, public servants and employees in the domains under the Ministry’s State management;

18. To manage the assigned finance and assets, and organize the implementation of the allocated budget according to law provisions.

Article 3.- Organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management function:

1. The Department for Social and Natural Sciences;

2. The Department for Sciences and Technologies of Economic-Technical Branches;

3. The Department for Technological Appraisal, Evaluation and Expertise;

4. The Hi-Tech Department;

5. The Planning-Finance Department;

6. The Department for International Cooperation;

7. The Legal Department;

8. The Department for Organization and Personnel;

9. The Inspectorate;

10. The Office;

11. The General Department of Standardization, Metrology and Quality Control;

12. The National Office of Intellectual Property;

13. The Department for Radiation and Nuclear Control and Safety;

14. Hoa Lac Hi-Tech Park Managing Board.

b/ Non-business organizations under the Ministry:

1. The Institute for Scientific and Technological Strategies and Policies;

2. Vietnam Institute of Atomic Energy;

3. The Institute for Technological Application;

4. The National Center for Scientific and Technological Information;

5. The Scientific and Technological Management Operations School;

6. The Informatics Center;

7. The Science and Development Newspaper;

8. The Scientific Activities Journal;

9. The Light-Ray Journal.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 22/CP of May 22, 1993 on the tasks, powers and organizational apparatus of the Ministry of Science, Technology and Environment and the previous stipulations contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of Science and Technology, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI